Research and development in criminal law and criminology

Research and development in criminal law and criminology

Controlling Waste Crimes: From Criminal Subjugation to Regulatory Compliance

Document Type : Original Article

Author
Ph.D. Student in Criminal Law and Criminology, Mashhad, Iran.
Abstract
The effectiveness of control regulations and processes regarding waste crimes has declined due to a failure to secure citizen participation. The primary reasons for this failure appear to be the design of processes based on overt coercion and the centrality of a power-oriented discourse. The unilateral logic of the state, the utilization of coercion as a first resort, conflicts of interest, and a lack of diversity and flexibility in responses have positioned citizens to view waste crime regulations as unjust and unfair, thereby diminishing their willingness to comply. Furthermore, the concentration of interventionist measures on the urban poor—for whom waste-related offenses often constitute a lifestyle and a survival strategy for daily livelihood—indicates a decline in ethical standards, creating a dissonance between legal enforcement and the values accepted by the citizenry. Effective control of waste crimes requires a social context capable of fostering dialogue and stimulating mutual responsibility to promote voluntary and self-willed compliance. The goal is to replace the logic of overt force with an inherent obligation embedded within procedural fairness and civic motivation. The “Responsive Regulation” approach has demonstrated practical capacity in this regard, provided it aligns with the specific characteristics of waste crimes, respects local socio-cultural components, and integrates restorative justice principles at the level of citizen interaction. Currently, waste crime control in Iran lacks a transparent theoretical framework, a deficiency that has paved the way for expansive and arbitrary interpretations. Adopting a descriptive-analytical method based on library research, this article aims to establish a theoretical framework to answer two key questions: What are the consequences of the current logic governing waste crime control? And, given the nature of these crimes, what logic guarantees necessary efficiency? By examining the draft of the new Waste Management Law, this study proposes a “Responsive Regulation Pyramid” as an optimal intervention model.
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